Tag Archives: Volume 36

Representing Capital Clients and the Elusive Quest for “Meaningful Access to Justice”

All capital cases begin with a tragedy. Just as Cain bore a mark as the killer of his brother, those who stand accused of murder as well as those judged as murderers bear a mark—a mark for breaking the social … Continue reading

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The “Charles Stimson” Rule and Three Other Proposals to Protect Lawyers from Lawyers

Lawyers can be “at the edge” for many different reasons. For purposes of this Article, I define “at the edge” to mean lawyers who for one of two reasons encounter risks of, or actual harm to, their career, freedom, physical … Continue reading

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Henry Lord Brougham—Advocating at the Edge for Human Rights

In 1858, Abraham Lincoln, who is renowned today throughout the world as the Great Emancipator, gave the following racist speech to his fellow citizens in the Lincoln-Douglas debates: I am not, nor ever have been in favor of bringing about … Continue reading

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The Legal Profession’s Failure to Discipline Unethical Prosecutors

White students at Jena High School in Jena, Louisiana, hung nooses from a tree at the high school, provoking a series of fights between groups of black and white students. Punches were thrown on both sides, and both black and … Continue reading

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Ethical Concerns in Grooming the Criminal Defendant for the Witness Stand

In this age of reality television, when just about any area of endeavor is Monday-morning quarterbacked by talking heads of various levels of expertise and vitriol, the criminal trial remains a front contender, whether by virtue of celebrity or heinousness. … Continue reading

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How to Make a Patent Market

Imagine a stock market in which buyers and sellers couldn’t find out the prices at which anyone else sold a share of stock. If you wanted to buy (or sell) a share of stock, you would have to guess what … Continue reading

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Reflections on the First Years of the International Criminal Court

Adopted on July 17, 1998, the Rome Statute of the International Criminal Court (“ICC” or “Court”) entered into force on July 1, 2002, and since that date, four situations have been referred to the Court, all concerning African countries, namely … Continue reading

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The Impact of a Knee-Jerk Reaction: The Patriot Act Amendments to the Foreign Intelligence Surveillance Act and the Ability of One Word to Erase Established Constitutional Requirements

The attacks of September 11th sparked a new era in American political and legal history, altering the disposition of the nation’s citizens and the legal community from a feeling of comfort and tranquility to vulnerability and paranoia. A result of … Continue reading

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Economics of Electronic Waste Disposal Regulations

The components of municipal solid waste are rapidly changing. Obsolete computers, cellular phones, televisions, and many other outdated electronics, all known as electronic waste, are becoming a greater proportion of the global municipal waste stream. Technological innovation continues to improve, … Continue reading

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Judges as Humans: Interdisciplinary Research and the Problems of Institutional Design

We demand a lot from judges. The job description calls for traits such as impartiality, fairness, independence, integrity, civility, and professionalism. What is more, the judge should exemplify these traits not merely on good days, but every day in every … Continue reading

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